Sexual Harassment at Workplace Laws

Quick Legal Advice

7604047601

Vidhikarya has a vast network of Lawyers in Vadodara. Connecting with Lawyers through Vidhikarya is fast and cost effective. Let us know your requirement and we will get back with the best solution for your legal need.

Sexual harassment refers to the uninvited behaviour of a sexual nature. As per Section 354 (A) of the Indian Penal Code, men pressing uninvited and explicit sexual suggestions, or requesting/demanding favours for sex, or committing physical contact, or presenting pornography against the woman’s wishes, are liable to have committed sexual harassment.

Governing Laws of Sexual Harassment at work place -

Indian Penal Code – Section 209, Section 354(A), Section 509

The Indecent Representation of Women (Prohibition) Act, 1987 – harassing someone with publications consisting of ‘indecent representation of women’ is not allowed.

Prior to 1997, the legal provision for addressing complaints related to sexual harassment was Section 354 of the Indian Penal Code 1860 which dealt with the ‘criminal assault for outraging a women’s modesty’.

In the 1990’s, Mrs. Bhanwari Devi tried to stop child marriage in accordance with her duties being associated with the Women Development Programme. Certain sections of the society did not take this well and responded with raping her. Eventually Rajasthan High Court allowed the defendants to go free. Then a PIL in context of Bhanwari Devi’s case was filed in the Supreme Court, which led to the formation of Vishaka guidelines, which drew inspiration from the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) . These guidelines were to be used in instances of sexual harassment till the time a legislation came into force. These guideline have now been superseded by a statute.

Some Features of the ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013:

On 9th December 2013, this Act came into effect.

Requires an ‘Internal Complaints Committee’ to be set up by the employer in every workplace which would look into matters pertaining to complaints of harassment. There is also the functioning of a ‘Local Complaints Committee’ set up by the district officer for organisations that do not have an ‘Internal Complaints Committee’ due to having less than ten workers

The idea of a ‘hostile work environment’ (Section 3) & ‘quid pro quo harassment’ with connection to a sexual nature have also been dealt with under the Act.

Powers of civil courts have been conferred on the Complaints Committees for purposes of gathering evidence.

Government having the power to inspect any workplace w.r.t documents and other records in connection to sexual harassment.

Vishaka Guidelines interpreted ‘workplace’ as something that was confined to the traditional office-set up, however, this Act widened the scope of the word ‘workplace’ to include hospitals, educational institutions, any place visited by employee in course of their employment including the transportation as well.

Where to file such Complaint at workplace?

In case of Sexual Harassment workplace complaints are to be made before an ‘Internal Complaints Committee’ to be set up by an employer in every workplace which would look into matters pertaining to complaints of harassment. There is also the functioning of a ‘Local Complaints Committee’ set up by the district officer for organisations that do not have an ‘Internal Complaints Committee’ due to having less than ten workers, for purposes of looking into complaints of sexual harassment at workplaces.

Punishment for Sexual Harassment at Workplace-

Sexual Harassment- Rigorous imprisonment which may extend to 3years or fine or both.

Request a Callback for Legal Help

In case you want us to call you back to understand your legal problem then please submit your details with a brief description of the legal issue that you have. We will call you back.

Successful

Your Request has been successfully taken. We will contact you soon. Thank you !

Name must be provided !

Email must be provided !

Invalid Phone Number !

Category is required !

Service is required !

Details must be provided !

Keep this field blank

Want a Quick Legal Advice From Expert Lawyer

•

Call us at this number for Legal Help at an affordable price

7604047601

Legal Advice Anytime Anywhere

The most trusted and relied upon partner for hiring lawyers for any kind of legal services.

Dynamic Computronics Private Limited (DCPL) has engaged Vidhikarya for a variety of legal services since last year. We have developed a close working relationship and they understand our needs and wor...
more

Subhasis Das

Bhubaneshwar, Orissa

It was a pleasure working with you on my last few legal needs. It is an welcome change for India towards quick, hassle-free and cost effective solution for our legal needs digitally.

Sagar Neel Choudhury

Texas, USA

I wanted to rent out my apartment in Kolkata and had to get the Rental Agreement done. The challenge was being based out of the country I did not have a trusted partner who could get the job done.Whil...
more

Amit Kumar Singh

Country Representative, Agribusiness Systems International, India

We have been taking legal services from Vidhikarya and we are glad to share that their quality of services is commendable. They maintain a high level of professionalism and have been a great support s...
more

Amresh

Singapore

Property related transaction in India can be quite tedious, time consuming and complex.I was pretty apprehensive about my purchases as being an NRI It was not possible for me to do the duediligence m...
more

Sabitri Ghosh

Nimta Kolkata

I am very satisfied with the service provided by your Lawyer.The way they handled my Motor Accident Claim Case which had been pending for 11 years at Barasat District Court,which has been completed wi...
more

Sateesh Kumar

Nagaland

I thought no one can support me but then I thought let me discuss my case with Vidhikarya.I discussed my case they supported me and they given one hope for my loss money recovery purpose.Lawyer discus...
more

Amal Krishna Sircar

Vadodara,Gujarat

Vidhikarya provided me legal services. I found them very knowledgeable, responsive with good communication skills, keeps commitment, very prompt and organized, and reasonably charged.I would highly r...
more

Himanshu Algotar

Mumbai, Maharastra

The advice from lawyer I got was very helpful.He had complete knowledge on subject matter I hadrequested, I didn’t end up paying high fees on my legal matter. The Lawyer gave me clear course of action...
more